To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        City Council Member Robert Ford

                        City Council Member Don Burnette

                        City Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        December 14, 2010


Date:               December 8, 2010




A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


Item 4 -           Recognition of Atlantic High School’s Education & Support Services Academy

Thanks to Ms. Kathleen Garvin and twenty-three talented high school students from Atlantic High School, Port Orange Fire-Rescue was able to bring the highly-acclaimed and award-winning Learning Station concept to all Port Orange elementary schools again this year! On September 30th and October 1st, 4th-8th from 8 a.m. until 11 a.m., these students took time out of their day to staff seven learning stations on subjects such as crawling low under smoke and recognizing the difference between a tool and a toy.  They did this for kindergarten through 3rd grade at all six elementary schools, an average of 28 classes per school, which means they ended up teaching the same lessons 168 times over the course of six days.  Still, they had the same energy and enthusiasm on the 168th time as the 1st. Teachers and students alike are singing the praises of this new concept in that it allowed the elementary school students to actively participate. As a result, they will remember these safety lessons well into the future.  Atlantic High School’s ESSA and Ms. Kathleen Garvin are to be commended for their partnership with Port Orange Fire-Rescue and contribution towards the safety of our current and future generations

City Manager’s Comments:  Recently, the City of Port Orange Fire and Rescue Department in cooperation with Atlantic High School’s Education and Support Services Academy promoted fire safety in the classroom.  The City’s Fire and Rescue Department began this program last year with high school students teaching certain aspects of fire safety under the supervision and direction of the City’s Fire Education Specialist.  Students enrolled in the Education and Support Services Academy are considering careers in education.  This gives them practical classroom experience as well as providing valuable service to our community in promoting fire safety. 

Item 5 -           Recognition of Division Chief Russ Rafferty’s Graduation from the Executive Fire Officer Program

The Executive Fire Officer Program is an extensive program that involves both classroom work and extensive research.  A professional paper is required as part of the program.  This a multi-year program offered through the U.S. Fire Administration Fire Academy at Emittsburg, Maryland.  Chief Rafferty has completed all the elements necessary to graduate from the Executive Fire Officer Program.  Russ has worked extremely hard to achieve this designation.  This is an opportunity for the City to recognize him for his achievement.


D.           CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)


Item 6 -           Approval of Minutes

Attached are the minutes of the following meetings:

a.    October 5, 2010 – Regular City Council Meeting

Staff recommends approval of the minutes.


Item 7 -           Project Manager’s Report

Attached are the Project Managers’ Reports.  If you have questions, please contact any of the Project Managers or me.  Staff recommends acceptance of the reports.


Item 8 -           Requested Use of City Owned and Maintained Lands by the Daytona Dirt Riders Association for the 2011 Alligator Enduro Event


Since the late 1980’s the City has granted the use of the wellfield property to the Daytona Dirt Riders Association for an off-road motorcycle event known as the “Alligator Enduro”.  This event takes place during March of each year during “Bike Week”.  Access to the property is limited to weekends for a short time prior to the event for course preparation and set up.  Charitable donations are made to various local organizations with proceeds from the event.  This year the Daytona Dirt Riders Association was once again able to make a donation to the Port Orange Police Athletic League from a portion of the proceeds of the event.


City permission will include the use of jointly owned and managed properties, in conjunction with a County of Volusia special use permit.  The terms and conditions regarding insurance, pre-event coordination, set-up, clean up, damage restoration and other specifics are included in the agreements/permits and are consistent with previous years.


Staff recommends Council approve use of wellfield property by the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro”, authorizing the Mayor and City Manager to execute agreements and/or special use permits.  Terms and conditions of the special use permits and/or agreements are contingent upon approval by the City Attorney.


City Manager’s Comment:  The City of Port Orange has had a long relationship with the Dirt Riders.  They have been good caretakers and stewards of the City’s property.  For many years, the Dirt Riders were represented by Rick Skeens, who would appear on their behalf to make this request.  As you know, Rick passed away recently.  It was through his encouragement that the Dirt Riders began making contributions to one or more groups and activities in Port Orange.  Each year, they make a charitable donation to help various programs.  In the past, they have made contributions to PAL, VIPS and other community groups. They cover the City expenses associated with the event.


Item 9 -           Purchase of Replacement Programmable Logic Controllers for Garnsey Water Treatment Plant and Validation of Rexel as a Sole-Source Vendor Supplier of Rockwell Automation/Allen Bradley Products


In 2001, the Garnsey Water Treatment Plant underwent a major expansion from 10 million gallons per day (mgd) to 15 mgd.  The expansion included a major upgrade of WonderWare Software and telemetry systems used for process control as well as installation of Allen Bradley PLC’s. These PLC’s control the majority of plant functions such as filters, vacuum pumps, backwashing, relays, and valves, all of which are necessary for the system to operate as a single integrated treatment process.  In 2007, the plant’s primary computer system, the software and associated telemetry controlling these systems, was overhauled and upgraded without significant changes to the remaining hardware (such as the PLC’s). 


At present, the aging PLC’s are experiencing increasing difficulty communicating with and through the newer software.  In addition, the Allen Bradley PLC’s are no longer sold, serviced, or supported by the manufacturer having more than reached the end of their reasonably expected useful life.  Therefore, it is imperative that these aging units be replaced and associated components upgraded in order to maintain a safe, continuous, reliable drinking water supply.


As the manufacturer of Allen Bradley Electronics, staff contacted Rockwell Automation to help in the planning of this upgrade to ensure proper integration with our WonderWare process control software.  Rockwell Automation, through its local area distributor, Rexel, developed quotes for the replacement units and provide factory-authorized installation services to validate product warranties.  In addition, the pricing provided by Rexel was piggybacked from a current active pricing agreement in place with the County of Volusia.  


Replacement of these aging units was anticipated and programmed in the FY11 CIP.  Funds are available in CIP project MME003 Telemetry. We are requesting a purchase order to Rexel in the amount of $49,308


Staff recommends council waive the formal bidding process, approve Rexel as the sole source supplier of Rockwell Automation/Allen Bradley products, and authorize the purchase and installation of six new replacement PLC’s for the Garnsey Water Plant from the firm Rexel in the amount of $49,308. 


Item 10 -        Purchase of Two Watson-Marlow Lime Pumps and Revalidation of TSC Jacob North as a Sole-Source Supplier

Watson Marlow pumps and other products are used extensively throughout our Potable Water and Reclaimed Water treatment plants and pumping stations.  Their continued operation and maintenance is essential.  The Garnsey Water Treatment Plant routinely treats in excess of 6 million gallons per day (MGD).  Since each of the 3 process trains can treat up to 5 MGD, it is essential for at least 2 of the 3 treatment process “trains” to remain in service. 


Each treatment train relies upon two lime sludge pumps (for a total of 6 pumps divided amongst 3 trains).  All lime pumps were installed in 2001, and lime sludge is extremely caustic and corrosive.  It is a credit to both our Treatment Plant Operators and the Maintenance Division in that these pumps have lasted for a decade.  However, at this time, we have determined that 2 of the lime sludge pumps warrant replacement due to normal usage.   


Replacement of these units is programmed in the CIP in the current fiscal year 2011.  The cost of two complete pump units is $29,416.  These pumps are not a stock shelf item and will likely require at least two months for fabrication.  Issuance of the purchase order will allow for the pumps to be assembled, and delivered so that installation can be completed by in-house forces.


TSC Jacobs North is the manufacturer’s only Florida-authorized representative for Watson Marlow products and parts in our area.  As such, we are requesting that TSC Jacobs North sole source status be reaffirmed for the purchase of the Watson Marlow pumps.  Also, we are requesting that a purchase order to TSC Jacobs North be authorized in the amount of $29,416.  Funds are available in WWP003 Water Plant Improvements.


Staff recommends Council waive the formal bidding process and revalidate TSC Jacobs North as the sole source vendor for Watson Marlow Products, and to authorize a purchase order to TSC Jacobs North in the amount of $29,416 for the replacement of two complete lime sludge pumps at the Garnsey Water Treatment Plant


Item 11 -        Contract Extension with N-Viro L.P. for Transportation and Disposal of Bio-Solids

On January 22, 2008, City Council approved Bid Award #B08-04 for transportation and disposal of bio-solids to Florida N-Viro L.P.  The term of the initial agreement was for a period of two years, with up to (3) one-year options for renewal, if mutually agreeable to both parties. 


The City has expressed its desire to exercise its first one-year option, and the vendor has agreed, in writing, to the extension. The vendor shall maintain the current pricing for transportation and disposal ($37.74/wet ton) during the extended one year term.


Staff recommends approval of the one (1) year extension of the existing contract with all terms and conditions of the existing contract to remain in effect.  Funds are available in the current operating budget in account #401-0400-535.34-11.


Staff recommends Council approve a one (1) year extension of the current contract with Florida N-Viro L.P. for the transportation and disposal of bio-solids and authorize the Mayor and City Manager to execute contract extension documents


Item 12 -        Renewal of Service Contract with Halifax Humane Society


Attached is the contract with the Halifax Humane Society for handling animals from Port Orange.


Item 13 -        Authorization to Proceed with Award of a “Piggyback” Contract for the Construction of the Williamson Blvd. Traffic Signal at Hockney Court/McGinnis Avenue


Use of the Seminole Co. “Push Button” contract for construction of this traffic signal will allow the City of Port Orange to award this contract to United Signs and Signals based on their low priced bid for the items required for this project.  To complete the work items for this project the City will utilize a similar contract with Volusia County for Signing and Pavement Marking that will be implemented when the traffic signal work is completed.


 Funding # 317-1000-580-81-10                                                  Project # IMI007


Staff recommends Council award to the low bidder, United Signs and Signals, the contract for construction of the Williamson Boulevard traffic signal at Hockney Court/McGinnis Avenue in the amount not to exceed $100,500 based on the prices quoted to Seminole County under their “Push Button” contract and contingent on permitting by Volusia County


Item 14 -        2010 Concurrency Management Report


On November 18, 2010, the Planning Commission recommended approval, 5-0 (Commissioners Barker and Green excused), to accept the 2010 Concurrency Management Report as presented by Staff. As indicated in the report, the City’s position with respect to concurrency is at sufficient levels for FY 2010/2011.


·         Traffic: Traffic volumes within the City have increased on some segments and decreased on other segments over the past year. Roads on the west side of I-95 will likely experience the most traffic growth in the future. Road improvements recently completed have increased capacities in this part of the City.

·         Sanitary Sewer and Potable Water: These systems continue to have capacity to support additional growth within the City. LOS for potable water will be monitored to ensure that permitted ground water withdrawal capacity per the Consumptive Use Permit, issued to the City by St. Johns River Water Management District, is not exceeded.

·         Stormwater Drainage: The City continues to implement and design drainage improvements to improve the overall stormwater drainage system.

·         Solid Waste: Generation rates are within the adopted LOS standard, as part of a trend of decreasing waste over the last several years.

·         Recreation and Open Space: The LOS is being met for all recreational facilities.

·         Public Schools: Horizon Elementary School and Silver Sands Middle School will meet the LOS standards by the 2011/2012 school year, which is consistent with school concurrency requirements. Additional classrooms are being constructed at Horizon and changes in the attendance boundaries for middle schools will address the capacity at Silver Sands. All other schools meet the LOS standards.

Staff recommends Council accept the 2010 Concurrency Management Report, as recommended by the Planning Commission





Item 15 -        Building Activity Report and Monthly Development Activity Report for November 2010

The attached Staff Reports include the Development Activity Report and the Building Activity Report.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report).



F.            TABLED ITEMS


Item 16 -        Authorization of Change Order in the Amount of $6,000 for SHIP Rehabilitation Project at 401 Herbert Street (tabled 8/17/10)

On August 17, 2010, City Council approved selection of low bidder, Misiano Construction and Remodeling, Inc. to provide general contractor services for a SHIP housing rehabilitation at 401 Herbert Street in the amount of $32,350.00.  SHIP guidelines permit maximum award of up to $40,000.00 for the SHIP rehabilitation strategy. 


A change order in the amount of $6,000.00 is requested because the original bid submitted by Misiano Construction and Remodeling did not contain repairs to the rear exterior wall of the home.  A partially completed addition to the home was demolished, leaving the rear exterior of the home in a condition that the City’s Building staff has determined to be in an unfinished state not allowed by the Florida Building Code. The demolition was not complete and the exterior wall’s condition was not visible at the time of the August approval of low bid.   In order for the Building Division to sign off and issue a certificate of occupancy upon completion of the proposed rehabilitation, this additional work must be completed.


With this proposed change order, lowest bidder Misiano Construction and Remodeling remains low bidder.  The next lowest bidder’s cost estimate was greater than the amount of this change order.


Staff recommends Council authorize a change order in the amount of $6,000.00 for additional rehabilitation costs associated with SHIP rehabilitation of home located at 401 Herbert Street.





G.           COMMUNITY DEVELOPMENT (Wayne Clark)

Item 17 -        Second Reading - Ordinance No. 2010-28 – Rezoning – First United Pentecostal Church of Greater Daytona from “A” and “R-8SF” to “GPU” (1495 Herbert St.) (Continued from 10/19/10)

This item was continued until December 14 at the request of the applicant.  They are attempting to bring forward their site plan at the same time as their rezoning since there were questions raised the last time they were before City Council.  They have not submitted the site plan.  Therefore, we are requesting that the second reading be delayed until the second meeting in February.  If they are not ready on February 15, 2011 to proceed forward, I will be recommending tabling of the second reading with a requirement that the applicant re-advertise.  The proper motion is to continue consideration of Ordinance 2010-28 to a date certain of February 15, 2011.  The City Council will still need to accept any comments from the public since this is an ordinance on second reading.

Item 18 -        First Reading – Ordinance No. 2010-37 – Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Management Clinics in the City of Port Orange


Recommended approval (5-0, Commissioners Barker and Booth, excused) of the moratorium on the issuance of development orders, building permits, and zoning approvals for business tax receipts for the operation of pain management clinics within the City of Port Orange subject to review by the City Attorney as to legal form and content. The moratorium will be in effect for 180 days in which time Staff will further research and propose amendments to the Land Development Code and Code of Ordinances regarding the location of pain management clinics within the City of Port Orange.


Staff recommends approval of Ordinance No. 2010-37, Issuing a Moratorium relating to Pain Management Clinics within the City of Port Orange.


Second Reading: January 4, 2011

Item 19 -        First Reading – Ordinance No. 2010-38 – Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Adult Arcades, Internet Cafes and Other Related Businesses Within the City of Port Orange

On November 16, 2010, the Port Orange City Council adopted Resolution No. 10-100, expressing its intent to adopt the proposed moratorium. This intent arose out of concern that current LDC requirements do not provide adequate definition or regulation of the subject businesses. The purpose of the moratorium is to provide the opportunity for Staff to assess the effectiveness of its existing regulations pertaining to these types of uses, and to modify those regulations if necessary. The staff report is attached for more information.


Recommended approval 4-0-1 (Commissioners Barker and Green excused, Commissioner Booth abstaining) of a 180-day moratorium on Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Adult Arcades, Internet Cafes, and other related businesses within the City of Port Orange.

Staff recommends approval of Ordinance No. 2010-38, enacting a 180-day moratorium on Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Adult Arcades, Internet Cafes, and other related businesses, as recommended by the Planning Commission.

Second Reading: January 4, 2011

Item 20 -        Cost of Construction Guarantees for Incomplete Sidewalks

Sidewalks are part of the required infrastructure in residential subdivisions.  All required infrastructure must be completed in order to record a residential plat and sell individual lots.  However, sidewalks in residential subdivisions are typically completed with the construction of individual homes to avoid damage during the home building process.  The Land Development Code (LDC) allows for this by providing for construction guarantees to cover incomplete sidewalks.  The construction guarantee (typically a bond) is set at a rate that would allow the City to ensure all required sidewalks are built in the event a builder defaults on a project.

The LDC requires a guarantee in the amount of 110% of the “estimated construction cost” of sidewalks.  The City’s practice is to set the estimated construction cost at the rate set by the Public Works Department contract.  The current Public Works sidewalk cost is $15/linear foot and the resulting guarantee requirement is $16.50/linear foot.  This estimate includes the City’s requirement to include fiberglass reinforcing bar.

Staff has reviewed sidewalk guarantee requirements from other communities for comparison.  None of these cities require the fiberglass rebar.

·         Ormond Beach: Bond equal to 125% of an engineer’s estimated cost

·         Daytona Beach: Bond equal to an engineer’s estimated cost or option to pay into the City sidewalk fund at $14/linear foot

·         New Smyrna Beach: Bond equal to 125% of estimated cost set by the City (approximately $12/linear foot)

An area developer has requested Council consider a lower guarantee requirement and provided contractor’s estimates for sidewalks in the range of $9 - $10 per linear foot

This item is presented for discussion purposes only.


H.           PUBLIC UTILITIES (Roger Smith)


Item 21 -        Potable Water Irrigation Policies

Maintaining a reliable, dependable drinking water supply remains an increasingly important issue to the city both for the present and with respect to future planning via Concurrency Management.  While the Garnsey Water Treatment Plant has the capability to produce up to 15 MGD of potable water, the Consumptive Use Permit (CUP) issued by the SJRWMD restricts the city’s actual water production.  In order to preserve potable water for consumption, the City has historically implemented practices promoting water conservation.  Staff actively recommends actions discouraging the utilization of treated drinking water for irrigation, while encouraging the usage of alternative lower quality water sources, including stormwater ponds, untreated groundwater, untreated surface water from lakes and canals, and reclaimed water. The timeline below shows the development of these City policies and practices.


In 2002, a Quentin L. Hampton (QLH) analysis showed that the average potable water irrigation customer demand exceeded that of a single family household.  Consequently and in an effort to encourage conservation, Rate Resolution 02-89 approved December 2, 2002, listed a new Potable Water Irrigation Meter Development Fee originally set at $2,223 (which was increased in subsequent years).  It was hoped that this fee would encourage residents to utilize alternative water sources for irrigation, in lieu of drinking water.  Nonetheless, potable irrigation meters were still permitted, which billed for water consumption with no sewer charge.


In 2007, a Wal-Mart Store planned for the intersection of Madeline and Nova proposed to utilize potable water for irrigation.  The water demand exceeded 13 single family residential units. (Ultimately, Wal-Mart elected not to develop the site.)


On September 4 and September 18, 2007, as an outcome of the Wal-Mart discussions, Ordinance 2007-47 was approved by Council.  The ordinance eliminated installation of new potable water irrigation meters, while grandfathering existing potable water irrigation meters.  Further, the staff report recommended “phasing out” all irrigation meters at a future time.  Additionally, a companion Rate Resolution 07-90 was simultaneously approved on September 18, 2007, removing all references to the Potable Water Irrigation Meter Development Fee.


Records for October 2010 indicate there are 991 potable irrigation meters.  The SJRWMD will be performing the 5-year compliance analysis of our CUP in 2011. SJWMD staff has been supportive of policies eliminating potable irrigation meters.  Therefore, Public Utilities staff suggests that a timeline and procedure be developed to phase out existing potable irrigation meters. 


This item is presented for discussion purposes only.




I.              COUNCIL COMMENTS

Item 22 -        Comments/Concerns from Council Members

At this time, Council Members may discuss various matters of concern.


Item 23 -        City Council Committee Reports

At this time, Council Members may report on various committees to which they have been assigned.